BatesLine

This is impressive. Duane Lester, a blogger based in northwest Missouri, posted a lengthy article about the Holt County Sheriff's Department response to an audit report. He took a considerable amount of time to read the audit report, conducted interviews with the auditor and the sheriff, and turn it all into a readable but detailed story. It's the sort of story small town papers used to run and should still be running.

Imagine his surprise when, 10 days later, his article appears verbatim, typos and all, on the front page of a weekly newspaper, the Oregon (Mo.) Times Observer. The paper did not seek Duane's permission, didn't even provide attribution. According to the Missouri Press Association, the paper has a weekly paid circulation of 1,100.

After consulting with a couple of bloggers who are also attorneys, Duane wrote a letter to Bob Ripley, Oregon (Mo.) Times Observer managing editor and publisher, asserting his copyright. Attached was an invoice for the cost of running the piece, a modest $500. He then went to the office and spoke directly to Ripley, who seemed ready to get in Duane's face and tell him to perform an anatomical impossibility until the little lady in the office (Ripley's wife?) mentioned the camera.

Clearly busted for plagiarism and copyright violation, Ripley complies with the demand for payment, but writes a synonym for bovine excrement in the memo line of the check. Throughout the whole confrontation, Duane is calm and composed. Duane then memorialized the encounter with a post on his blog, including the video of the encounter:

Duane explains why he's captured the event for posterity:

I have been asked why I'm writing this article. Some think it might be an "IN YOUR FACE!" kind of article.

It isn't.

It's to demonstrate the importance of standing up for yourself and your rights, regardless. It's to show how to protect your work from those who would steal it.

It's not hard when you are right.

Consult with others, get your ducks in a row and demand respect for your work.

If you don't, who will?

Here's what I suspect happened: Someone started sending around an email with the text of Duane's entry, but without attributing it to him or providing a link. When it reached Ripley, perhaps he had no clue who had written it, but thought it would save him writing a story. A Google search on a distinctive phrase would have turned up Lester's original piece easily enough.

It's amazing to see how brazen Ripley is. A willingness to apologize would have solved matters very quickly.

Although I don't have an explicit statement on the site (though I soon will), everything I've written here on BatesLine is under my copyright, as are all my columns and news stories for other publications. (You may recall that I quit writing for UTW rather than sign a freelance agreement signing over all the rights to my work to them.)

UPDATE: Corrected the headline -- Ripley is the publisher, but I don't know for sure that he is the owner. Also, I now have an explicit copyright statement at the bottom of the home page. It will be at the bottom of every page as soon as I do a site rebuild.

How was my Saturday at the Oklahoma Republican State Convention, you ask? It was about like this:

There's something creepy going on with email in the race to be Oklahoma's next Republican National Committeeman.

If you're a delegate to the 2012 Oklahoma Republican State Convention, you've been getting a barrage of emails from Richard Engle, candidate for Republican National Committeeman, announcing endorsements from a surprising mixture of people, including disgraced former Speaker Lance Cargill.

What's especially odd about these Engle emails is that they have no substantive text. If you have automatic loading of remote images turned off in your email program -- and you should, for your own Internet safety -- you won't see anything in these Engle emails but a blank space where the image would be and a link labeled, "Is this email not displaying correctly? View it in your browser."

Now, it's not unusual for a mailing list to include a remotely hosted image -- a logo perhaps, or a large photo. A link uses less disk space and bandwidth than embedding the image into the message. But good email etiquette and politeness to the blind demand that you put in an alternative text for the image -- e.g., the name of the company in text form as an alternative to the logo. Typically in these cases, the bulk of the message is plain text, readable even if you choose not to load the remote image.

But Richard Engle's emails are different. He's embedded the text of the message in a big image which is located on a remote server. The image is not attached to the email. You can't read it unless you allow remotely hosted images to load, or unless you click the "View it in your browser" link. Among other things, this means you can't cut and paste the text of the message, you can't make the text bigger, and you can't use text-to-voice software to read it to you aloud (more disadvantage for those with limited vision).

And when you load remote images or click the "view it in your browser" link, the server that hosts the endorsement image logs your Internet Protocol (IP address) with a URL that looks like gibberish but actually is a unique identifier tied to your email address. Engle will be able to know which of the endorsement messages you have looked at and which messages you've ignored. More importantly, he will have the IP address of the computer from which you opened his email, and it would be possible to match it with other internet activity.

For most residential users, your IP address, which changes from time to time, only reveals, for example, that you're a Cox or AT&T customer. This email-based data-gathering system makes it possible for someone to pinpoint that a given address is likely to be yours. With multiple emails, you might open some at home, some at work, some at your favorite coffeehouse. Engle would be able to tie your email address to each of these IP addresses and might have enough information to establish a pattern of internet usage. The internet server logs would also let him know what operating system you're running on each of those computers and what web browser or email client you're using.

As Yakov Smirnoff might say, "In Soviet Russia, email reads you!"

Engle could use this feature to build a database of thousands of Oklahoma Republican activists, matching name to email address to one or more IP addresses. Win or lose the RNC position, Engle would have an asset with economic and political value.

Why would someone want to do this? The person sending the email could use this setup to determine who is posting unfavorable anonymous comments on a message board or sending unfavorable anonymous emails. The mailer could sell the database to website owners, who might use it to track an activist's internet activity for commercial or political advantage.

With this database, one could set up a trap: send an email to the same list from a fake "From" address, advertising some illicit website. The database may be able to pinpoint which individuals clicked that nasty link, and suddenly, "You've got blackmail!"

This odd way of sending email has absolutely no advantages to those receiving the email, but it could be very advantageous to the sender.

Is it possible that Engle is doing this innocently? Sure. But this is such an unnatural way to send an email, I have to believe it was done deliberately by someone (perhaps Engle, perhaps someone else). You have to take some time and care to arrange a huge block of text in an image file, rather than just typing the message into an email. That turtle didn't get on that fencepost all by itself.

For the rest of us: Set your email client not to load remote images automatically. Look at carefully at any link in an email before you click it. If there's a lot of incomprehensible code at the end of a URL, it's likely that the sender's email system can track your click to your email address to your IP address and report that information to the sender.

MORE:

How Thunderbird (Mozilla's email program) protects your privacy by not automatically loading remote images

About.com: How Reading an Email Can Compromise Your Privacy: How this privacy attack works and what countermeasures can be used.

This Saturday at the 2012 Oklahoma Republican State Convention, delegates will elect two of its three representatives on the Republican National Committee. (State chairmen are ex officio RNC members.) Oklahoma's National Committeewoman, Carolyn McLarty, is running for re-election and so far has not drawn an opponent. National Committeeman James Dunn is not running for re-election, and two candidates are competing for his place at the RNC table.

I am pleased to endorse my friend Steve Fair of Duncan for election as Oklahoma's Republican National Committeeman. Steve currently is serving his third term as 4th District Chairman and his10th (or so) as chairman of the Stephens County party. Over the years, he has built strong grassroots-driven local party organizations in southwest Oklahoma, developing a how-to manual in the process and creating the state's second-largest annual Republican gathering, the Stephens County Republican Party Fish Fry. It's telling that the 4th District hasn't seen a serious Democratic congressional candidate since 2002. State legislative seats in southwest Oklahoma, once a solidly Democrat-dominated area, have turned from blue to red during Steve's two decades of leadership.

In addition to those chairmanships, Steve has served on the state party's executive committee and budget board, an as the Oklahoma Republican Party Treasurer. His day job involves marketing for an Oklahoma-based food manufacturer.

More than an organizer, Steve Fair is also a thinker and a writer, producing a weekly column on policy and politics which appears in several area newspapers and is posted on his blog, Fair and Biased. He is a consistent voice for the sanctity of human life, the right to keep and bear arms, reducing the size and scope of government, and government transparency and accountability.

Steve is active in his church as music director. He and his wife Debbie have two grown children (one of whom, Jeremy Fair, was recently installed as pastor of Christ Presbyterian Church, a conservative evangelical congregation in Tulsa), and three grandchildren.

One of the Republican Party's most pressing needs is to have more principled conservatives on the RNC who can work as a team to influence the direction of the party. Because of the RNC's structure -- three members for each state and territory, without regard to the state's size or the success of the GOP there -- moderate representatives of unsuccessful state parties from the northeast and midwest carry outsized influence. Steve will be a principled conservative voice on the RNC, bringing the perspective of a successful grassroots party builder, someone who has successfully grown the Republican Party's influence in a traditionally Democratic region by promoting the GOP's conservative principles, not by compromising principles or blurring distinctions between the parties.

A word about the other candidate: Richard Engle, a Ron Paul fan, has done an impressive job of self-promotion in this campaign, handing out brightly colored and oddly-shaped flyers at county conventions, but I have my doubts about his ability to operate as part of a conservative coalition on the RNC. That doubt is grounded in something I observed back in 2004. Although Engle had managed to get himself elected as president of a national party auxiliary organization, he couldn't persuade his fellow Oklahoma Republicans to send him to the Republican National Convention that year as a delegate or alternate. He failed to win a seat at his district convention, was not included on the state executive committee's slate of at-large delegates, and then tried and failed to win a seat as a nominee from the floor of the state convention, losing by what I recall was a wide margin. It was interesting to me that, despite the national title, he didn't seem to have the respect of the Republicans who dealt most closely with him on a regular basis. Why that is, I don't know; I haven't dealt with him personally.

But this might be a clue: Richard Engle describes himself in his Twitter profile thus: "Husband. Father. Author. Philanthropist. Statesman." That's heavy, man.

By contrast, Steve Fair writes of himself:

The real issue is what will Steve Fair do if elected? First, I will be a conservative voice on the RNC. Second, I will work to build our county GOP organizations. Third, I will help educate the public on issues, and fourth, I will make building the foundation fun. Those that know me know I don't take myself very seriously, but I take the cause very seriously.

That's the truth. In all my dealings with Steve Fair, he has always been friendly, kind, and good-humored, never pompous or arrogant, a principled conservative who leads through devoted service to his fellow Republicans. He embodies the best aspects of Oklahoma character and values. Oklahoma Republicans would be blessed to have Steve Fair representing our values on the Republican National Committee, and if you're a state convention delegate, I hope you'll join me in voting for Steve Fair.

MORE: Richard Engle endorsed Ron Paul at a rally in December 2011, calling for people "to join me in every effort to put him in the White House." I have to wonder if "every effort" includes subverting the will of Oklahoma's Republican voters, 90% of whom rejected Ron Paul in the presidential preference primary, by sending a slate of Paulbots as Oklahoma's delegation to Tampa. (Video here of Engle speaking to a Ron Paul rally.) Steve Fair endorsed Herman Cain early in the campaign but wrote that Rick Santorum is "probably the best qualified and the most consistent with his message."

Congratulations to the Riverview Neighborhood Association and well done to the City of Tulsa Board of Adjustment (BoA). On Tuesday, May 8, 2012, the BoA denied variances that would have allowed a 10-unit townhouse complex on a single lot, once occupied by a single home, at 21st and Cheyenne. (BOA case 21413 at 1935 S. Cheyenne -- click to review the application.)

Although the lot was zoned Residential Multifamily (RM-2), the proposed development violated several setback and height requirements of the zoning code, requiring the developer to seek variances from the zoning code in order to get a construction permit, specifically:

• Variance of building setback from an arterial street from 35 ft to 10 ft (Section 403 Table 3),
• Variance of the single-story limitation for multi-family dwellings within 50 ft of an RS district (Section 403.A.1),
• Variance of height limitation from 35 ft to 40 ft. (Section 403 Table 3).

Please note that these requirements come from the existing zoning code, which has been in place for well over 30 years. Note that they deal with the proposed building's form. Some people of my acquaintance are of the misapprehension that property owners could do as they pleased until recently, but now soldiers in blue helmets have descended upon us in their black helicopters to impose PLANiTULSA and enslave us with their form-based codes to turn us all into United Nations drones. Or something like that. In fact, we have a zoning code now, we've had land-use regulations of some sort since Tulsa was incorporated, and we've had zoning since the 1920s. While the new comprehensive plan, known as PLANiTULSA, recommends changes to the zoning code, those changes haven't been drafted yet, much less approved.

Please also note this lot that, until recently, housed a single family home was zoned multifamily as a result of an ill-considered blanket "upzoning" imposed by the city decades ago under a previous version of the comprehensive plan, which saw this wedge-shaped area of single-family homes and brick low-rise apartment buildings, between I-244, the Inner Dispersal Loop, and the proposed Riverside Expressway, as the perfect place for squat cinder-block apartment complexes.

So the BoA evaluated these proposals in accordance with the existing zoning code, which requires the applicant for a variance to show a hardship. The hardship can't be self-imposed -- "I can't make my money back on the lot unless you let me build this" isn't sufficient. A good example of a hardship is a curved or unusually shaped lot, where the proposed building meets the setback requirement for most of the lot, but misses it by a foot or two where the lot curves. Rather than make the owner curve the building to match the setback line, the BoA would grant a variance to allow a straight building wall. The BoA is a quasi-judicial body, required to follow the law and precedent, required to consider impact of the proposed changes on neighboring properties. An appeal of a BoA decision would be made in District Court. The BoA can't whimsically waive the zoning code to allow a developer to build whatever he wants.

The BoA voted unanimously to deny the variances. The BoA's composition is a positive legacy from Mayor Bill LaFortune's administration, which his successors have wisely left untouched. LaFortune appointed Frazier Henke, Mike Tidwell, and Clayda Stead to the board. Surveyor David White had served as chairman during the Savage administration (the best member of the pre-LaFortune board) and was brought back to the BoA by Kathy Taylor, who also appointed Stuart Van De Wiele. LaFortune's three appointees reestablished the principle that the zoning code was to be followed as written, with variances granted only where a true hardship exists. Getting a variance shouldn't be just a matter of hiring an influential zoning attorney.

Realtor Lori Cain, who lives next door to the subject property, led the opposition to the variances and notes on her blog that the owner has several profitable options within the existing zoning code.

Urban infill is the process of developing vacant or under-used parcels within existing urban areas that are already largely developed. While we ENCOURAGE infill, we expect that the infill be appropriate for the neighborhood, accommodate existing architectural style, -- and not create additional public safety and storm water issues.

Why should the developer's right to make a profit be given more consideration than OUR investments in our personal homesteads? Why should he not build within the zoning restrictions KNOWN to him at the time of his purchase? He could easily build a single-family dwelling and sell it at a profit. Or, if he's insistent on rentals, he could build an upscale duplex or triplex within existing zoning restrictions.

You can watch the May 8, 2012, City of Tulsa Board of Adjustment hearing online via TGOVonline.org. Here's a direct link to the video stream of the May 8, 2012, City of Tulsa Board of Adjustment hearing.

MORE: If Frazier Henke's name seems familiar, it's because his wife, Katie Henke, was the Republican nominee for the recent House District 71 special election and almost certainly will be again for the regular fall election. Katie led by one vote after a recount, but there were more disputed ballots than the margin of victory, leading the Oklahoma Supreme Court to throw out the election and leave the seat vacant until the regular election. Frazier Henke is also the son of Bonnie Henke, a neighborhood leader and advocate for compatible infill development. (Because of that advocacy, Bonnie was targeted for defeat by certain developers when she ran for the District 9 city council seat in 2002, losing the GOP primary by a very narrow margin to Susan Neal.) Frazier is a fair and honorable decision-maker, Tulsa is blessed to have him as BoA chairman, and I'm blessed to count him as a friend.

If you weren't at Cain's Ballroom on Saturday, April 14, 2012, you missed an evening of family-friendly fun and great music, starting with the induction of Woody Paul, Herman Johnson, Keith Coleman, and Kenny Baker (the latter two, posthumously) into the National Fiddler Hall of Fame, and ending with a performance by Riders in the Sky. Each inductee was introduced with a brief video; two are up on YouTube, and you'll find them on the jump page of this entry.

Our whole family was there. Between the tickets and the money we spent at Too Slim's Mercantile, it was not a cheap evening, but we had a great time, and it was especially worth it to give our younger two the chance to see Riders in the Sky in person. They were as entertaining as ever. I could imagine Bob Wills was there in spirit, with a big grin and an approving holler for every swinging fiddle lick.

The Riders played many great cowboy classics and their original tunes (now classics in their own right): "Texas Plains," "My Oklahoma," "Cool Water," "That's How the Yodel Was Born." Woody Paul played and sang one of his original compositions, a beautiful waltz called "The Arms of My Love."

Joey the Cowpolka King took the lead on "Drifting Texas Sand" and made the most of the echo part on "Cool Water."

Ramona Reed, a vocalist with the Texas Playboys in the '50s and '60s, came up on stage to add her famous yodel to the mix with "I Want to Be a Cowboy's Sweetheart." Here she is with Ranger Doug:

Sidekick and geezer Sidemeat came out to recite "Reincarnation" and sing "I've Cooked Everything" (a parody of "I've Been Everywhere").

In response to an audience request they played "Take Me Back to Tulsa." "Ghost Riders in the Sky" included a shout-out (of sorts) to music historian Guy Logsdon, who was in the audience -- right after the line, "As the riders loped on by him, he heard one call his name...." We got to see the Pixar short "For the Birds" as the Riders played the soundtrack live.

I was blown away by an old tune that was new to me -- "Trail Dust." Recorded by Sons of the Pioneers in 1963, its lush minor-key harmonies brought to mind Tex Williams and His Western Caravan's "Artistry in Western Swing" (1948) and the exotica genre popular in the late '50s and early '60s.

An act devoted to the music of Hollywood's singing cowboys could easily stray into pure nostalgia, utter corn, or hip ironic detachment, but the Riders manage to poke fun at the conventions of the genre in a genuinely affectionate way, while demonstrating their respect for the tradition with their impeccable musicianship. In Woody Paul's Hall of Fame induction video, bassist and face-ist Too Slim mentioned the wit in Woody's playing, and you can hear it from all four Riders -- a constant flow of creativity whether taking the lead or backing their bandmates.

Riders in the Sky are renowned for being fan-friendly, sticking around to shake hands, sign autographs, and take pictures. My six-year-old, who was bouncing off the walls at the thought of meeting them, was rather more shy when the moment came to shake hands, but he told Ranger Doug that he listened to their version of "Don't Fence Me In" every night, and the Idol of American Youth sang a few bars for him. When we posed for photos, Joey the Cow Polka King swapped his cowboy hat with my oldest son's fedora, and Too Slim set his hat on my daughter's head.

We first came across Riders in the Sky on their weekly radio show, Riders Radio Theater, more than twenty years ago and first heard them in person in '92 in Springfield and again in Ponca City, as part of the Cherokee Strip Land Run centennial, in 1993. When our oldest came along, we took him to see the Riders at the National Cowboy Hall of Fame and at the Walton Arts Center in Fayetteville.

Our younger two go to sleep each night to a CD of western lullabies, a mix of songs by the Bob Wills and His Texas Playboys, Johnnie Lee Wills and His Boys, Sons of the Pioneers, and, of course, Riders in the Sky.

As far as I know, this was the first time Riders in the Sky have played Tulsa, although they've performed in many smaller cities and towns in the region. I hope it's not too long before they come back.

MORE: Listener-supported WMKV-FM in Cincinnati plays an episode of Riders Radio Theater each Tuesday at 11 a.m. Cincinnati time (10 a.m. Tulsa time), followed by an episode of the Jack Benny Show, on "Theater of the Mind," a daily hour of old time radio -- on other days you can hear The Life of Riley, The Great Gildersleeve, Burns and Allen, Fibber McGee and Molly, The Adventures of Sherlock Holmes with Basil Rathbone, and Bold Venture, starring Humphrey Bogart and Lauren Bacall. The station runs a 24/7 schedule, including Big Band music all night long. You can listen to WMKV-FM online (click the link on the home page); here's a direct link to the stream.

A homegrown feature film, The Rock 'n' Roll Dreams of Duncan Christopher, already the recipient of multiple awards on the film festival circuit, has been picked up for international release by a division of Warner Brothers. This is a big milestone for Tulsa and a feather in the cap of the Tulsans who made this movie happen. The comedy, rated PG-13, will premiere at 8 p.m., Thursday, May 10, 2012, at Riverwalk Movies in Jenks.

The movie was filmed locally, written, produced, directed, and acted by Tulsa talent.

From the news release:

Oklahoma Film Gets International Release and Debuts in Theaters

TULSA, Okla. -- The award-winning, Oklahoma feature film, The Rock 'n' Roll Dreams of Duncan Christopher, is slated for international release on May 15th, but first, fans will enjoy the film on the big screen with a Tulsa premiere on May 10th.

City Councilor and local restaurateur, Blake Ewing, who also served as an Associate Producer on the film, is excited by what this means for the state and the city.

"I think this is great for the future of Tulsa," said Ewing. "It's one more project that continues to establish our city as a viable artistic community in the United States. I am extremely proud to have been a part of such a successful film and soundtrack that celebrates Oklahoma so passionately."

The film, directed by Tulsa native Justin Monroe, is a quirky and endearing comedy that tells the story of the awkward and mostly untalented Duncan Christopher, who, after an early mid-life crisis, moves to the big city of Tulsa to pursue his rock 'n' roll dreams and face his demons in the brutal underground world of competitive karaoke.

After successfully touring the film festival circuit in 2011, Monroe is thrilled to announce the full, international digital distribution of his movie. Gravitas Ventures, a division of Warner Brothers, eagerly picked up the film and has slated it for a May 15th release.

"It was our dream to shine a light on Oklahoma, to reveal the beauty and heart of this place," said Monroe. "When we left Hollywood to come back home, we hoped to create a unique, heartful, and infectiously fun movie that could communicate across a wide demographic, across social-economic borders, and across oceans. Finally being at this moment, where a company as significant as Gravitas has now picked up the movie and will be taking it to the world - well, it's pretty amazing to say the least. Honestly, it's a dream come true!"

Moviegoers can order the film now on iTunes and can screen the film on other platforms like Netflix, Amazon, AT&T U-verse, Blockbuster on Demand, and Hulu after the release. Fans can also purchase the DVD after the initial release, which will include tons of extras, like bloopers, deleted scenes, "Duncan's inspirations" and more.

The theatrical screening will take place at 8 p.m. on Thursday, May 10th at Riverwalk Movies in Jenks.

As you can see from the trailer, the movie shows off Tulsa to good effect; Cain's Ballroom, the Gypsy Coffee House, and River Parks are among the landmarks featured.

MORE:

Duncan Christopher on Facebook
Duncan Christopher on Twitter
Duncan Christopher on YouTube

Rep. David Derby (R-Owasso) sent me a response to my comments regarding his decision to withdraw his endorsement of his colleague, George Faught, in the race for the Republican nomination for Oklahoma's 2nd Congressional District, in connection with Faught's news release on the failure of SB 1433, the personhood bill, to get a hearing in the Oklahoma House of Representatives. As the response was a series of text messages, I've taken the liberty to expand abbreviations:

I pulled my support from Faught because his press release said he was disappointed with the Republican caucus. I'm part of the Republican caucus, and there is no way I will ever stand for being called pro-choice. I chaired the health committee that personhood came through. I kept the liberal amendments from being added. I voted yes on all the whip counts to hear the bill. So I was disappointed in Faught's press release by not calling out leadership. I will not be called pro-choice, nor will I stand for a press release that implies that I am pro-choice. I have an adopted son, and my wife and I personally have had issues that led us to adopt, and thus my pro-life stance. I hope and pray that this clears up the confusion.

In response to my question about his absence when Rep. Mike Reynolds was trying to appeal the speaker's ruling and bring SB 1433 to a vote, Derby said that he had left the chamber for a short break while the previous bill was being heard and so was out of the chamber when Reynolds was trying unsuccessfully to get Speaker pro-tem Jeff Hickman (R-Dacoma) to recognize him. Derby pointed out that on the subsequent roll call vote to adjourn, he voted against adjournment, which would have kept the door open for another attempt to have the bill heard. (A vote in favor of adjournment killed the bill, by closing the door on voting on it during this session, as April 26 was the deadline for Deadline for Third Reading of bills and joint resolutions from the Senate. Voting nay, as Derby did, was the right vote from the pro-life perspective.)

Derby did indeed chair the Public Health Committee, and voted yes on the motion to move the bill forward with a "Do Pass" recommendation. The yeas were David Derby, Grau, Holland, Jadine Nollan, Mike Ritze, Roberts (S.), Schwartz. The nays were Ed Cannaday (D-Porum), Doug Cox (R-Grove, one of the most consistent Republican votes against pro-life bills), Jeannie McDaniel (D-Tulsa) one of the most consistent Democrat votes against pro-life bills), and Ron Peters (R-Tulsa, term-limited Republican who often votes to the left of the rest of the caucus).

Last week, on April 26, when State Rep. Mike Reynolds tried in vain to appeal the ruling of the speaker pro tempore, so that the Personhood bill (SB 1433) would be heard, only 15 other state representatives were willing to stand with him. This in spite of the fact that SB 1433 had passed the Senate by a wide margin (34-8) and was given a "do pass" recommendation by the House public health committee (7-4). But House Speaker Kris Steele had killed the bill, claiming that it was in response to a caucus vote not to allow it to move forward.

An appeal of the speaker's ruling requires 15 seconds. The speaker pro tem, Hickman, seemed not to see Reynolds's appeal or the seconders. Here, according to Charlie Meadows of OCPAC, are the 18 that demonstrated a willingness to give this bill a fair hearing and an up-or-down vote:

Mike Reynolds (R) *
Gus Blackwell (R) *
Paul Wesselhoft (R) *
Mike Christian (R)
Aaron Stiles (R)
Lewis Moore (R) *
John Bennett (R) *
Sean Roberts (R)
Charles Key (R)
Jason Murphey (R)
George Faught (R) *
Sally Kern (R) *
John Trebilcock (R)
Mike Ritze (R) *
Randy Terrill (R)
Rebecca Hamilton (D) *
R.C. Pruitt (D)
Richard Morrissette (D)

Those with stars after their names also appeared at a news conference last week in support of SB 1433. In addition to those listed above, Josh Cockroft (R), Ralph Shortey (R), and two candidates, Paul Blair (challenging Sen. Clark Jolley in the Republican primary) and Dan Fisher (running for an open House seat), spoke at the the news conference. Meadows notes that Hamilton is a genuine supporter of the sanctity of human life, but questions whether Morrissette's motive was to "stir controversy among Republicans."

Here is video, posted by Personhood USA, of what took place, as Rep. Reynolds sought to suspend the rule, to bypass the floor leader, so that the bill could be heard over the objection of the Majority Floor Leader (Dale DeWitt, R-Braman). Rep. Randy Terrill (R-Moore) points out that Hickman's ruling creates a Catch-22, where there is no way that even a supermajority of the House could move legislation that the Floor Leader seeks to block. This goes well beyond the pros and cons of this particular bill and raises the question: Is the State House a legislative body, or an elected dictatorship?

As you see the end of that video, Hickman claims that there were not 15 standing seconds. But State Rep. Jason Murphey, R-Guthrie, captured video from his seat showing Hickman improperly ignoring Reynolds' appeal and those who stood with Reynolds.

The video shows the list of representatives who then voted to adjourn. This vote may have appeared nothing more than procedural, but it halted Rep. Reynolds' attempts to be recognized for the purpose of overruling the chair and suspending the rules so that the personhood bill could be heard. April 26 was the last day Senate bills could be heard on the House floor, so anyone voting aye for adjournment voted to pierce the personhood bill's head, vacuum its brains out, and collapse its metaphorical skull for ease of disposal.

I would be very interested in hearing from those avowed pro-life Republicans -- many of whom have moved important pro-life bills in the past, even in this session -- who refused to give their public support to ensure that this bill was brought to a vote, and why they instead supported killing it in utero, as it were, by their silence.

MORE: I received an pseudonymous email on Thursday (probably from a campaign operative for one of the District 2 carpetbagger candidates -- no way to know for sure, can't prove it, but the motive is there), claiming that George Faught did not speak in support of the personhood bill in caucus, and that Faught's public statement in support of SB 1433 cost him the endorsements of State Reps. Steve Martin and David Derby. I'm not sure how this operative knew what went on behind the caucus's closed doors, but it doesn't matter. Faught spoke in support of SB 1433 publicly and stood for it when it counted. Martin and Derby did not, and that they would withdraw support from Faught because of his statement suggests that they care more for caucus politics than the sanctity of human life. Derby and Martin are welcome to try to convince me that my assessment of their wobble is wrong, but it will take some very solid reasoning and facts to convince me. (UPDATE: David Derby responds, noting that he voted against adjournment and supported the bill on each caucus whip count.)

Here's the key to the 2nd Congressional District: There's the carpet cleaner -- George Faught, long-time resident of Muskogee, who runs a successful carpet cleaning business in addition to his service to the legislature -- and then you have some carpetbaggers, people who recently moved into the district after living outside the district for decades. District 2 has been represented by "newly arrived residents" since Brad Carson moved to Claremore from midtown Tulsa and won the open seat in 2000. Vote for the carpet cleaner and send the carpetbaggers packing.

UPDATE 2012/05/04: The answer is no, by a 5-4 vote to approve the PUD "amendment" and close the street. Thanks to Councilors Blake Ewing, Karen Gilbert, Skip Steele, and G. T. Bynum for upholding the plan and the notion of public infrastructure for public use over the demands of a private business. I'm not surprised that David Patrick and Tom Mansur voted with the developer. I'm disappointed that Jack Henderson, who used to be a reliable supporter of neighborhood interests, and Jeannie Cue, whom I perceived to appreciate the concerns of homeowners, voted in favor of the street closing.

Phil Lakin's vote reinforced the golden rule in Tulsa politics -- he who has the gold makes the rules. For years, developers and INCOG staffers excused deviations to the comprehensive plan because the plan was so old and out of date. Now we have a plan adopted within the last two years and a specific small area plan adopted just seven years ago, and yet Lakin is willing to vote to set it aside. Why would any Tulsan want to take the time to participate in small-area planning without the confidence that the TMAPC and the City Council will follow the plans that they've already approved?

Several items on tonight's City Council agenda involve a proposal to expand the QuikTrip at 11th and Utica by closing 10th Street west of Utica. (Here (PDF format) is a link to the backup information for the QuikTrip street closing agenda item.)

QuikTrip is asking the City Council to surrender to them -- the technical term is "vacate" -- a section of 10th Street west of Utica, so they can build a store and gas station with a bigger footprint, to include what is now 10th Street and the lots to the north.

The City Council should deny the request and encourage QuikTrip to find a creative solution to build within the existing site, rather than surrender a public through street for private use. This issue is a test of whether this City Council is committed to protect public infrastructure and to ensure that its development decisions are consistent with the City's long-range transportation and development plans.

I am a frequent customer of QuikTrip, and I admire the way they've transformed the convenience store industry that they pioneered over 50 years ago. You can expect that a QT store will be clean, well-stocked with high-quality, reasonably priced items, with procedures in place to keep customers and employees safe, even late at night. It's always nice to find a bit of Tulsa in other regions, like St. Louis, Wichita, and Dallas/Ft. Worth, where QT operates. I'd love to see them expand into the Oklahoma City metro area and offer ethanol-free gasoline.

For all of QT's positive aspects, it's not right for city government to turn a through street into a dead end simply to satisfy the aims of a private enterprise. There ought to be a compelling public interest in closing the street before the City Council consents to vacating a through street.

Once upon a time, QuikTrip knew how to adapt itself to a variety of urban and suburban settings. In the '70s and '80s there was a QuikTrip on the Main Mall in downtown Tulsa -- no gas pumps, no vehicular access at all. Some QuikTrip stores were standalone, some anchored strip shopping centers.

Now it appears that QuikTrip is big enough they seem to think they should be able to install their cookie-cutter store plan everywhere, without regard to the impact on public infrastructure.

The advantages of a grid street pattern are well established. Traffic can distribute itself across multiple paths through the grid. If one path is blocked, say, by construction, an accident, or emergency vehicles, traffic can reroute to another path. Through access to the surrounding arterials means it's usually possible to avoid taking a difficult left turn across arterial traffic.

In suburbia, a single residential collector street becomes a choke point for traffic in and out of a neighborhood and a speedway for those who live along it, but in an urban neighborhood with a street grid, traffic in and out is distributed across a dozen or more intersections and no one street bears the brunt of "cut-through" traffic.

10th Street is one of only three streets connecting the neighborhood to Utica Avenue. Those three streets are through all the way to Peoria -- for now.

But the City's stormwater master drainage plan for the Elm Creek basin calls for a major detention pond in the neighborhood that will necessarily interrupt the street grid, interrupting 8th Street and possibly 7th Street as well, leaving 10th Street the only through east-west neighborhood street -- unless QuikTrip gets its way and 10th is closed as well.

In his letter objecting to the proposal, developer Jamie Jamieson points out that the 6th Street Plan, part of the City's Comprehensive Plan, calls for higher density redevelopment in the area northwest of this site, making it imperative to maintain as many access points as possible to the neighborhood. In her letter, neighborhood resident Teddi Allen explains the importance of 10th Street to neighborhood ingress and egress:

According to [INCOG] staff, closure of 10th street would have minimal effect and would not be detrimental to the neighborhood. They argue that residents could either use 11th Street, or weave down Troost to exit the neighborhood via 7th or 8th Streets. Both of these concepts completely disregard the safety of the driving public.

11th Street rises in elevation between Utica and Troost, making any effort to turn out left onto 11th from Troost or Trenton problematic at best, and outright dangerous at worst due to the lack of visibility of oncoming traffic. The situation is compounded by traffic entering and exiting 11th street from the Hillcrest parking garage during peak periods and shift changes. In addition there is a great deal of pedestrian traffic crossing from the south side to the north side of 11th which compounds the problem.

Diverting traffic onto Troost Avenue as well as 7th and 8th Streets is not a viable solution either. 7th and 8th Streets are short residential streets, each a block long and filled with rental properties whose tenants often park on both sides of the street. This makes safe implementation of two way traffic virtually impossible to guarantee. Moreover, Troost Avenue as well as 7th and 8th Streets are at the lowest elevations in the neighborhood, subject to street flooding during periods of heavy rain. The staff analysis appears to ignore the fact that areas of the Pearl District, including these particular streets, lie within the Elm Creek flood basin. In an effort to resolve flooding issues in the Elm Creek Basin, the city has already built one flood detention pond in Centennial park, and there are 3 more ponds planned. Preliminary plans approved by the City (and available on its website) show that one of those ponds will detain water at the level of lowest elevation, i.e., in the area of Troost between 7th and 8th. These streets will not be available long term to provide the access the planners allude to in the application.

As Teddi Allen notes, any proper analysis of the impact of this development on traffic flow must also include the impact of the street closings required for the City's planned detention pond. If city officials surrender 10th Street now and only later realize the negative interaction with the detention pond, they won't be able to get 10th Street reopened without condemnation and compensation to QuikTrip, which would be cost-prohibitive.

And speaking of stormwater, it appears that the new store with its expanded gas canopy and parking area will require converting a large currently vacant grassy area into an impermeable surface. And yet I see nothing in the proposal explaining how additional stormwater runoff will be contained. The store is in the Elm Creek watershed, which is one of the few stormwater basins in the city for which the mitigation plan has not been fully implemented.

In fact, this question was asked at the TMAPC Technical Advisory Committee meeting: "Please address the Environmental, Stormwater Quality, Issues involved with the
Stormwater Runoff flowing into the Stormwater Drainage System from the Vehicle Fueling Areas, and the Tank Excavation Area." Apparently no answer was given: Nothing in the proposal or the INCOG staff analysis addresses additional stormwater runoff at all, much less stormwater than may be carrying toxic, flammable liquids into Elm Creek, into Centennial Park Lake, and ultimately into Zink Lake and the Arkansas River at 21st Street.

As Pearl District Association president Dave Strader pointed out in his letter to the TMAPC, the existing footprint is adequate for QT to construct a Gen 3 (QT Kitchens) store. They have nearly as much space in their existing lot (68,092 sq. ft.) as the lot at 15th and Denver (70,008) where a Gen 3 store was recently built.

In the same letter (pp. 78-85 of the PDF), Strader details the long history of area plans for the neighborhood adopted by the City, the result of years of volunteer effort. The wrong decision here will deter residents and businesspeople from getting involved in developing small area plans for other neighborhoods.

Many of you may be aware that Patrick Fox with The City of Tulsa just announced three new Small Area Plans. Once completed they will be standing in front of you asking you for your support with their plans. Will you support them or will you only support them on the condition that no one complains? What happens when QuikTrip or some other business doesn't want to play by the rules in their neighborhood? Will you tell them that their plan doesn't matter?

You can't roll over every time someone asks you to.

The point is that there are much broader implications to your decisions concerning the 6Th Street Infill Plan and The QT PUD.

Why should people like us volunteer thousands of hours making plans if you aren't going to support us? Why should we make plans at all?

The QuikTrip PUD is contrary to our plan, contrary to the comprehensive plan and increases the risk of our public safety.

Strader goes on to point out that, in 2005, the City declined to vacate a street in another part of the Pearl District (west of the Indian Health Center), citing the clear language in the Pearl District Plan that calls for maintaining the street grid.3

Dear Councilors, please do the right thing tonight and deny QuikTrip's request to vacate 10th Street.

MORE:

My earlier entry, Keeping the Promise to the Pearl District, on why the City must honor the promises it has made over a 20-year period to this neighborhood.

It is possible to build a convenience store that fits into an urban context. Here are just a few examples:

Photo of an urban 7-Eleven in Stockholm by meiburgin, Flickr attribution license

Photo of an urban 7-Eleven in Singapore by Cimexus, Flickr attribution license

Photo of an urban 7-Eleven in Hong Kong by kenyee, Flickr attribution license